Is a lawyer who serves as a guardian ad litem in a domestic case the child's attorney, and do the Rules of Professional Conduct apply to that role?

Plain-English summary

A lawyer asked about the role of a guardian ad litem in a domestic case. The committee was of the opinion that a guardian ad litem does not serve as the "attorney for the child," but rather is appointed to investigate and advise the court as to the child's best interest.

The committee added that an attorney in the role of guardian ad litem is nonetheless bound by the Rules of Professional Conduct. It pointed to the Preliminary Statement of the rules, which provides that the rules should be uniformly applied to all lawyers, regardless of the nature of their professional activities.

Currency note

This opinion was issued in 1991, before the 2006 revisions to the Washington Rules of Professional Conduct. Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific rule, deadline, or requirement mentioned here.

Common questions

Q: Is a guardian ad litem the child's lawyer?

A: The committee was of the opinion that a guardian ad litem does not serve as the attorney for the child, but is appointed to investigate and advise the court as to the child's best interest.

Q: Do the Rules of Professional Conduct apply to a lawyer acting as a guardian ad litem?

A: Yes. The committee said an attorney in the role of guardian ad litem is bound by the rules, citing the Preliminary Statement that the rules apply uniformly to all lawyers regardless of the nature of their professional activities.

Background and rules framework

The opinion addressed whether and how the Rules of Professional Conduct reach a lawyer acting outside a conventional client-representation role. The committee relied on the Preliminary Statement of the Washington Rules of Professional Conduct, the counterpart to the Preamble and Scope of the ABA Model Rules, for the proposition that the rules apply uniformly to all lawyers regardless of the nature of their professional activities. The committee distinguished the guardian ad litem's investigative-and-advisory function from representation of the child as a client.

Citations and references

Rules of Professional Conduct:

• ABA Model Rules Preamble and Scope (application of the rules to lawyers' professional activities)
• Washington Rules of Professional Conduct, Preliminary Statement

See also

• AL Ethics Op. 2000-02: Guardian Ad Litem Ex Parte Contact
• DC Ethics Op. 252: Guardian ad Litem and Tort Claims

Source

• Landing page: https://ao.wsba.org/print.aspx?ID=510

Original opinion text

Reproduced from the official source for research purposes. The linked source is authoritative.

Advisory Opinion: 1430
Year Issued: 1991
RPC(s):
Subject: Guardian ad litem; applicability of Rules of Professional Conduct

The Committee reviewed your inquiry regarding the role of a guardian ad litem in a domestic case. The Committee was of the opinion that a guardian ad litem does not serve as "attorney for the child" but rather is appointed to investigate and advise the court as to the child's best interest. An attorney in the role of guardian ad litem is bound by the Rules of Professional Conduct which, in its Preliminary Statement, provides that "the rules should be uniformly applied to all lawyers, regardless of the nature of their professional activities."